Draft Constitution

Preamble to the NPA Constitution

Throughout recorded history one of the great problems faced by man has been the development of a system by which truth may be made known.

With the development of the polygraph we have at least a system, soundly based upon psychology and scientific research, which in competent hands, and is capable of identifying those who speak the truth where there is a controversy.

With this breakthrough an awesome responsibility has now been placed upon the polygraph examiner whose work may affect the life, liberty, orandhappiness of the person being examined.

The National Polygraph Association must recognizesthe enormous potential for good through the use of the polygraph. We must pledge ourselves to identifying and eliminating any unqualified persons from our profession.

We must always strive to improve the capabilities of our membership by promoting education, research, advanced training, and by shared experiences. Above all we must dedicate ourselves to fostering and maintaining the highest ethical standards and principals of practice.

Now therefore, and be it known henceforth, it shall be the primary goal of the National Polygraph Association to foster and perpetuate an accurate, reliable, and scientific means for the protection of the truthful and innocent individual.

Constitution

Article I – Name

The name of this organization shall be the National Polygraph Association, Inc., herein after referred to as the NPA.

Article II – Objectives

To advance the use of polygraph as a profession and to encourage its use wherever the truth is sought.

To promote research into instrumentation and techniques.

To advance professional standards of polygraph examiners in the continued development of higher educational training standards, promote professional achievement, and inspire ethical conduct within the polygraph profession.

To unify all polygraph examiners from the private polygraph industry as well as law enforcement and associated government entities within the professional standards of the NPA.

To promote and advance public acceptance of the polygraph and to urge the members active participation in civic and community affairs where the polygraph is concerned.

To publicize the name and prestige of the NPA.

Article III – Membership and Voting Rights

To qualify for full privileges and standing as a member, the applicant must meet the following requirements:

Member 1. Must be a graduate ofan American Polygraph Association or American Association of Police Polygraphists polygraph schoolthat meets APA/AAPP/ASTM standards for education. that is recognized by the National Polygraph Association, Inc., as being accredited by any state regulatory board.The curriculum of the aforementioned school shall meet APA/ASTM standards for education.

2. Shall not have been convicted of, or found guilty by any Federal or State court of a felony crime, any misdemeanor crime involving sexual or moral misconduct, or for the violation of the civil rights of any person. (Any other violations will be subject to review and approval by the Membership Committee.)

3. Shall not have been found guilty by any court, labor hearing, or administrative hearing for violation of the civil rights of any person and/or found guilty of any allegation, which deemed by the NPA Board of Directors to be injurious or discredit the polygraph profession.

4. Shall not have been removed from or resigned from any national, state, local polygraph, or associate organization (ASTM-ATSA) under investigation for ethical or criminal issues.5. Every member, in order to promote continuous education, must participate in training consistent with ASTM Standards that promotes the polygraph discipline. Such training may be included, but not to be limited to any state, regional, or national polygraph school/training seminar.

Membership assessments, dues or changes in dues will be recommended to the general membership by the Board of Directors during the annual business meeting and voted on for approval by a two-thirds majority vote of the membership present.

Members in good standing (financial obligations current) will be entitled to all newsletters or publications mailed by the NPA.

Intern Member: Intern membership shall be limited to those applicants recently entering the polygraph profession and who have not yet met the requirements set for Full Membership. Intern members will not have voting rights or hold any office in NPA.

Affiliate Member: Any person who has demonstrated a genuine interest in the field of polygraph and has rendered service and support to the polygraph profession. Shall have no voting rights, or hold any office in the NPA, but may participate in all functions with the exception of Board/Business meetings unless requested by the Board of Directors.

Affiliate Member:Honorary Membership: Once each year, the Board of Directors may submit the name of one person who has rendered distinguished service and support to the polygraph profession, to the membership for their approval to bestow this honorary award. Such member shall pay no annual dues and will have no voting rights.

Seminar Speakers: May be granted one year’s Honorary Membership (without annual dues) and may continue as members (dues required) after that year.

Lifetime Membership Award

Lifetime Membership Award Each year, the Board of Directors may submit the name (only one Life Membership may be awarded annually) of any NPA member to the general membership for the honor of Life Membership. A Life Member will be recognized as an individual who has rendered outstanding service to the National Polygraph Association, Inc., and having contributed exemplary support to the polygraph profession. Such recipients shall not be assessed annual dues or seminar registration fees. Life Members have the right to vote in all matters of NPA business and are eligible to hold any appointed or elected office.

Disciplinary Proceedings A Any member whose conduct injures or tends to injure the NPA, adversely affects its reputation,or whichwho is contrary to or destructive of its purposes or objectives, or who shallhas wrongfully defamedthe name or reputation or another member, shall be subject to disciplinary proceedings as follows:

As necessary the President will appoint a Grievance Committee (name the chairperson) of no less than three (3) members, none of which will be board members that will investigate all charges made in the grievance. All allegations of misconduct by a member must be submitted to the Grievance Committee in writing. The Grievance Committee shall:

Conduct a preliminary investigation to determine the necessity of additional investigation or determine appropriate action and report to the Board of Directors.

In all written allegations, the member against whom the charges have been made will be promptly notified by the Grievance Committee Chairperson. A written response from said member would be requested and forwarded to the Chairperson of the Grievance Committee within thirty (30) days of notification of the alleged grievance. The Grievance Committee Chairperson may grant an extension of time for cause.

(C) Failure by said member to respond or provide the written requested information to the Chairperson would be sufficient grounds to suspend or terminate membership in the NPA.

The Chairperson will report all action by the Grievance Committee to the Board of Directors. The Grievance Committee may recommend "no disciplinary action" or form of "disciplinary action". The Board of Directors will determine final action and inform all parties as to the results of the final investigation and action taken.

Any member may appeal the Board's decision to the general membership at the next annual business meeting, provided the member notifies the Board of their intention to appeal 30 days prior to the annual business meeting. The voting membership may vote to "over rule", or "uphold" the Board's action in the case of either party. Any of the foregoing action must be a vote of two-thirds majority by the membership present.

Any member of the NPA may call for the impeachment of an Officer or Board Member by submitting a letter to the NPA Board outlining and documenting the alleged misconduct and/or failure to meet the responsibility of the Office. The Board is required to act immediately on the letter of impeachment. The accused member shall respond to the Board in writing within 30 days upon receipt of the alleged misconduct and/or failure to meet the responsibility of the Office. The Board shall vote to "impeach" or "deny impeachment". The Board’s vote must be by two-thirds majority to "impeach". If the Board votes to "impeach", the President will replace the vacant office pursuant to Article IV, sections A and E. The impeached member may appeal the Board decision to the general membership at the next annual business meeting, provided the member notifies the Board of their intention to appeal 30 days prior to the annual business meeting. The voting membership may vote to "over rule" or "uphold" the Board’s decision. In order to "over rule" the Board’s decision, the membership must vote to "over rule" by two-thirds majority present. If the membership "over rules", the member will immediately be reinstated to office.

Voting Rights All members meeting the requirements of Article III, EA. shall be considered voting members of the NPA and shall have the right to exercise their right to vote in all elections requiring general membership participation. There shall be no absentee voting or voting by proxy.

Article IV – Officers

The officers of the NPA shall be the President, Vice-President, Secretary, and Treasurer. Election of officers of the NPA will be held annually during the Annual Business Meeting.

PresidentThe President shall be elected for a term of two (2) years and shall be the presiding chairman at all official meetings of the NPA. He shall have general supervision over the affairs and administration of the NPA. He shall perform such other duties as the Board of Directors may properly assign to him or as may be provided by this Constitution and By-Laws. He shall represent the NPA at all official functions and have the authority to designate an Executive Officer to act on his behalf, should the President be unable to represent himself. He shall call meetings of the NPA or the Board of Directors when required to do so, by a majority of the Board of Directors or upon written request by one-half of the voting members in good standing in the NPA. He shall appoint all committees and chairpersons as needed except as hereinafter provided.

Vice PresidentThere shall be one (1) Vice-President, representing Private and Law Enforcement. The Vice-President shall serve a one (1)two (2) year term as elected and carry out duties requested by the President.

SecretaryIt shall be the duty of the Secretary to enter into the proper books all resolutions, minutes, and proceedings of the NPA and the Board of Directors. He/she shall conduct correspondence relating to the NPA, the issue notices of all meetings of the NPA and of the Board of DirectoryDirectors. He/she shall keep a current record of the membership and shall perform all duties pertaining to the Office of Secretary that the NPA may from time to time direct. He/she shall publish annually a list of members of the NPA, which shall include their last known address, unless the member should otherwise request that this information not be published. The Secretary shall serve a two (2) year term in alternating years, as elected, with the office of the Treasurer. (Beginning with elections in the year 2004.)

TreasurerThe Treasurer shall be the custodian of all funds and securities of the NPA and promptly deposit all funds in a designated bank. He/she shall act as financial advisor to the President and Board of Directors on all matters and problems of finance. He/she shall keep accurate records of receipts and disbursements and shall pay all bills promptly. His/her records shall be made available upon request. He/she shall make a report to the membership at each regular meeting of the NPA and to the Board of Directors as to the status of the Treasury when requested to do so. The Treasurer shall automatically be a member of any committee dealing with finances. The Treasurer shall serve a two (2) year term in alternating years, as elected, with the office of the Secretary. (Beginning with elections in the year 2005).

The President and Treasurer will be elected in the same year while the Vice President and Secretary will be elected in the alternate years for continuity, knowledge, and the retaining of quality at the Officer/Board level.

Death or Resignation of OfficersIn the event of the death or resignation of any Officer of the NPA, the President shall be empowered to select a member in good standing to serve the unexpired term of that Officer. In the event of the death or resignation of the President, the immediate Past President the Vice President shall perform the duties of the President until the next annual election. If the immediate Past PresidentVice President is deceased or unable to serve, the Board of Directors, by majority vote, will appoint the acting President for the unexpired term.

Article V – Board of Directors

NPA Board of Directors shall consist of seven (7) members: The President, Vice President, Secretary, Treasurer, Chairperson of the Board (immediate Past President) and two (2) NPA Board Members serving alternating two year terms that overlap, thus requiring the election of only one (1) member each year.

The Board of Directors shall meet annually during the annual business meeting and shall meet at such other times as may be necessary on call from the President. At any such meeting a quorum of the Board of Directors shall consist of four (4) members of the board.

In the case of resignation, disability, or death of a member of the Board of Directors the President shall select a member in good standing with the NPA to fill the unexpired term of the retired, disabled or deceased member.

The Board of Directors shall be the responsible body for the administration of the NPA. In the interval between annual meetings of the NPA, the Board of Directors shall have the authority to take such action as is necessary for the conduct of the NPA's business and affairs in accordance with this Constitution and the By-Laws. The Board shall make a report of its transactions at each annual meeting of the NPA.

Should an Officer/Board member not be able to make a meeting, they may assign their proxy vote to the Secretary. The Secretary will validate the vote at the meeting through either email or letter from the Officer/Board member.

Article VI – Nominations and Elections

The President shall appoint no less than three (3) members of the NPA to serve as a nominating committee. Members of the nominating committee may be any NPA member currently holding office but not seeking election.

The Nominating Committee shall meet prior to the annual business meeting of the NPA and shall select a nominee for each elected office and each retiring member of the Board of Directors.

Article VII – Standing Committees

The following standing committees shall be appointed annually by the newly elected President:

Membership Committee The membership committee shall consist of the Vice-President, acting as chairperson of the committee and both elected board members. Applicants will be processed in four phases. (1)Every membership application will first, be sent to the treasurer, documented, and money received and deposited. (2)The Treasurer will forward the application to the Vice President for review and background check. Depending on the geographical area, the Vice President may forward the application to a committee member for the review and background check. (3) After the background check, the Vice President will notify the NPA editor and have the applicant's name printed in the Truthseeker pending approval for membership at the next annual business meeting. (4) The Vice President will present each applicant's name to the membership at the general business meeting for a vote by the membership for final approval as a new member.

The Membership Committee shall present its nominations for admissions of qualified applicants to the Board of Directors.

Auditing Committee The President shall appoint annually an Auditing Committee. This committee shall audit the books and records of the Treasurer, and make known to the Board of Directors any discrepancies found in the Treasurer's record.

The President may appoint annually a chairperson in charge of reporting on legislative matters that may or will impact on the polygraph profession. The chairperson may appoint additional members to this committee to serve the needs of the NPA. The chairperson will be responsible for reporting those matters of interest to the Board of Directors for further action and making articles available to the news editor to inform the general membership.

Article VIII – Amendments: This Constitution may be amended at the annual meeting of the NPA by a favorable vote of two-thirds majority of the members present and voting. Amendments shall take effect immediately upon approval.

Article IX – Parliamentary Authority: Unless otherwise agreed upon during any meeting or proceeding, the Parliamentary Authority for the NPA shall be Robert's "Rules of Order"

Article VIIIX– National Polygraph Association By-Laws

All members of the NPA shall be entitled to the floor of any meeting, but only members in good standing are eligible to vote upon motions, elections of officers and other business matters of the NPA brought before the membership.

The incorporated name of the NPA and/or the use of, or reproduction of its seal shall be limited to the letterheads of members in good standing only. Any other use must be approved by a majority vote of the Board of Directors.

Any member who knowingly makes a false certification or endorsement regarding an applicant’s eligibility and/or his/her qualification will be subject to disciplinary action.

Any applicant, who submits false information, or who, in any way, attempts to withhold information from his application for membership in the NPA, can and will be denied membership in the NPA.

The By-Laws may be amended at the annual meeting of the NPA by a favorable vote of two- thirds majority of the members present and voting.